Neutral Citation No. - 2025:AHC:49607 Court No. - 79 Case :- CRIMINAL REVISION No. - 1554 of 2025 Revisionist :- Pankaj Yadav Opposite Party :- State Of U.P. And 4 Others Counsel for Revisionist :- Kuldeep Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. This criminal revision has been filed with prayer to allow the present criminal revision and set aside the impugned judgment and order dated 03.03.2025 passed by Additional Principal Judge, Family Court, Room No.1, Bareilly in Criminal Misc. Case No.1492 of 2021 (Smt. Jyoti Yadav and others vs. Pankaj Yadav) relating to Police Station Cantt, District Bareilly in an application under Section 125 Cr.P.C. filed by opposite party nos.2 to5 those are his wife, minor daughters and son which the learned trial court has decided the amount of maintenance of Rs.7000/- per month to the wife, Rs.3000/- each to the opposite party nos.3 & 4 and Rs.2000/- per month for opposite party no.5 from the date of application. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 is wife, opposite party nos.3 to 5 are minor children of the revisionist. Further submitted that the wife is living separate form him without any reasonable excuse even though learned trial court has allowed the application for maintenance u/s 125 Cr.P.C. as aforesaid. Further submitted that the revisionist has no regular income but he works in private undertaking and gets monthly salary of Rs.16264/- only as per the salary certificate relating to the month of January, 2025 but learned trial court awarded Rs.15,000/- per month as maintenance to the opposite parties which is excessive and beyond the capacity of the husband/revisionist, therefore, request to set aside the order in question and allow the revision. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order dated 03.03.2025, it appears that opposite party no.2 is wedded wife of the revisionist and opposite party no.3 to 5 are his minor children. The wife and children are living separate from the revisionist since he neglected to maintain them. It also appears from the para 32 of the order in question that some photographs were also produced before the learned trial court showing marriage of the revisionist with some other lady though he denied second marriage. From this situation, it cannot be said that there was no any reasonable excuse for the opposite party no.2 to live separately from the husband/revisionist. It also transpires from the order that a Case u/s 498A, 313, 377, 354, 323 I.P.C. and Section 3/4 D.P. Act has been filed against the revisionist by the wife and there is some other case u/s 354, 376(3), 506 I.P.C. and Section 4(2), 9/10 & 11/12 POCSO Act against the revisionist which was lodged by the daughter of his brother-in-law. There is salary slip from the Airplaza Retail Holdings Private Limited for the month of January, 2025 which shows income as Rs.16264/- but in the judgment it has been mentioned that the amount of Rs.62896/- and Rs.66751/- were deposited in the account of revisionist from provident fund and he also gets regular deposit of Rs.4000/- from Bajaj Finance Company. Rs.65,000/- and Rs.76,000/- have also been deposited been in the account and in addition to this he has deposited in his account Rs.77,000/- through U.P.I. and there are some other transactions from U.P.I. also. The revisionist has not disclosed the amount attached to the bank U.P.I. account even before the learned trial court and neither produced salary slip. Learned trial court assessed the income of the revisionist on the basis of aforesaid facts from Rs.30,000 to Rs.40,000 per month and determined the amount of maintenance to the wife and minor children as Rs.15,000/- per month in total. In considered opinion of this Court, since the revisionist has not disclosed the whole source of his income before the learned trial court and the details of the accounts but it is apparent that he gets regular salary from the Airplaza Retail Holdings Private Limited i.e. Rs.16264/- and also gets Rs.4000/- monthly from Bajaj Finance Company and there are some other deposits into the account and he also makes transaction through U.P.I. In view of above, all the aforesaid transactions monthly allowance of Rs.7000 to the opposite party no.2 wife, Rs.3000/- to the opposite party nos.3 & 4 minor daughters and Rs.2000/- to the opposite party no.5 minor son cannot be said to be excessive and the order in question cannot be said to be illegal or inappropriate, therefore, it does not warrant any interference by this Court. So far as the payment of arrears of maintenance from the date of application to the date of order is concerned, it may be paid in 12 equal installments with the current amount of maintenance. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 7.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad